TABLE OF CONTENTS I. PARTIES TO THE CONSTRUCTION PROJECT...1 A. OWNER...1 B. ARCHITECT...1 C. INSPECTING ARCHITECT...1 D. CONTRACTOR...

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1 Page TABLE OF CONTENTS I. PARTIES TO THE CONSTRUCTION PROJECT...1 A. OWNER...1 B. ARCHITECT...1 C. INSPECTING ARCHITECT...1 D. CONTRACTOR...1 E. SUBCONTRACTOR...1 F. CONSTRUCTION MANAGER...1 II. THE CONTRACT DOCUMENTS...2 A. BASIC CONTRACT...2 B. GENERAL CONDITIONS...2 C. SUPPLEMENTAL GENERAL CONDITIONS...2 D. PLANS...2 III. PROJECT DELIVERY SYSTEMS...2 A. DESIGN-BID-BUILD...2 B. CONSTRUCTION MANAGEMENT (Not at Risk)...3 C. CONSTRUCTION MANAGEMENT (At Risk As The Constructor)...4 D. DESIGN BUILD...4 IV. CONTRACTING FOR CONSTRUCTION SERVICES...5 A. PRICING CONCERNS...5 B. CONTRACT DOCUMENTS...5 C. AMERICAN INSTITUTE OF ARCHITECTS (AIA) CONSTRUCTION DOCUMENTS...6 V. AIA A 201 GENERAL CONDITIONS...10 ARTICLE 1. GENERAL PROVISIONS...10

2 Page ARTICLE 2. OWNER...11 ARTICLE 3. CONTRACTOR...12 ARTICLE 4 ADMINISTRATION OF THE CONTRACT...15 ARTICLE 5 SUBCONTRACTORS...16 ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS16 ARTICLE 7 CHANGES IN THE WORK...16 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY...18 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK...19 ARTICLE 13 MISCELLANEOUS PROVISIONS...20 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT...20 VII. EARLY SIGNALS OF THE TROUBLED PROJECT...23 VIII. PROTECTION AGAINST MECHANICS' LIEN CLAIMS...24 A. GENERAL CONTRACTOR'S STATEMENT...24 B. WAIVERS OF MECHANICS' LIEN...24 IX. PERFORMANCE GUARANTEES...25 A. NATURE OF SURETYSHIP...25 B. THE BID BOND...25 C. THE PERFORMANCE BOND...25 D. THE PAYMENT BOND...25 X. ALTERNATE DISPUTE RESOLUTION METHODS...26

3 I. PARTIES TO THE CONSTRUCTION PROJECT A. OWNER The person or entity which owns the project. An owner may also be the general contractor for the project, provided it has experience to do so. The inexperienced owner should avoid assuming such a responsibility, but if it wishes to do so, however, it should consider employing a construction manager rather than a general contractor. B. ARCHITECT The person or entity licensed by the state to practice architecture or it may be a structural engineer employed by the Owner to design the project and who will monitor the construction of the project in order to assure that construction is in accordance with the plans and specifications prepared by the Architect and approved by the Owner and Contractor. C. INSPECTING ARCHITECT The person or entity engaged by the lender to independently check and verify that the progress of construction conforms to the plans, specifications and Contract Documents in order to permit construction loan payments to the contractor. Her responsibility is not to the Owner but to the lender, to assure the lender that the lender is paying for true construction costs and not "dreams and to assure lender priority. D. CONTRACTOR The person or entity who has been employed directly by the Owner to build or coordinate construction of the project in accordance with the plans, specifications and Contract Documents. The General or Prime Contractor has the overall responsibility of construction of the job as opposed to the Subcontractor. E. SUBCONTRACTOR The entity engaged by the Contractor to perform a specific portion of the work, such as plumbing, excavation, heating, ventilating, and air conditioning. F. CONSTRUCTION MANAGER The person or entity that performs the planning, advisory and supervisory functions that would otherwise be divided among the Architect, Owner and General Contractor. Unlike the traditional General Contractor, is not "at risk" if it is an agency construction Manager. He does not pay the subcontractors from his own funds but acts as a conduit for payment by the Owner, and as such he is the agent of the Owner and can legally bind the owner to his acts.

4 II. THE CONTRACT DOCUMENTS A. BASIC CONTRACT This is the agreement which defines the project scope, penalties for failure to perform on schedule and in accordance with the plans and specifications, the payment process and documents required for each payment request, usually referred to as the Draw. Simply stated, it contains the business terms of the transaction. Contract Price is usually fixed at the inception of the project by the subcontractor prices, the so-called Buyout. B. GENERAL CONDITIONS While considered a Contract Document, it contain the administrative procedures such as definitions, owner responsibility, contractor responsibility, dispute resolution procedures, payment procedures and insurance requirements as well as termination procedures. The most widely accepted form of General Condition is that which is published by the American Institute of Architects and commonly referred to the A201. The most recent edition was published in Fall, C. SUPPLEMENTAL GENERAL CONDITIONS This is also considered a Contract Document and is customarily produced by the architect or other design professional and is tailored to the specific project. D. PLANS This represents the graphic depiction of the project. E. SPECIFICATIONS This Contract Documents expands upon the Plans and is a narrative of details not readily apparent from the Plans. It customarily follows the format of the Construction Specifications Institute (CSI) and consists of 12 sections, one for each trade or building component. III. PROJECT DELIVERY SYSTEMS A. DESIGN-BID-BUILD 1. Defined A tri-party, three phase linear sequencing system with Owner/contractor/design professional, where the owner has separate, independent contracts with contractor and design professional /C/1 8NFF01_ 2

5 2. Use It is most often used for conventional projects and is readily usable for virtually any type of project. However, public agencies use it due to statutory requirements that public owners must award the contract to the lowest responsible bidder which can only be properly administered by this process. 3. Advantages It is familiar and easy to understand and it is also easier to compare costs due to the use of the competitive bidding process. The roles and designated functions of the parties minimize potential conflicts of interest. Completion of design prior to commencement of construction leads to reliable cost of construction. It is also easier for owners to manage due to linear sequencing making scheduling a sequential and linear process without overlapping activities. Architect allegiance is only to owner and not to the contractor. 4. Disadvantages Linear sequencing can cause a lengthy construction process and a delay in any one sequence impacts upon other sequences causing further delays. The separation of design and construction functions can inhibit communications between design professional and constructor and increases potential for litigation Accurate cost of construction cannot be complete until design is completed by the architect, and if the responsive bids too high there could be a further delay due to necessity to redesign and re-bid B. CONSTRUCTION MANAGEMENT (Not at Risk) 1. Defined The Construction Manager acts in advisory role with design professional and contractor in their conventional roles There are four prime parties: Owner, Construction Manager, Contractor and Design Professional. It is the Construction Manager who oversees design in terms of cost, schedule and constructibility and then oversees the construction phase as an advisor or agent of the owner. 2. Use It is often used on large, complex projects. 3. Advantages /C/1 8NFF01_ 3